UNIVERSITY OF MALTA FACULTY OF LAWS

Transcription

1 Amended on UNIVERSITY OF MALTA FACULTY OF LAWS TERM PAPER ON A LEGAL SUBJECT GUIDELINES 1

2 TABLE OF CONTENTS A. FUNCTIONS OF FACULTY BOARD 4 1. Approval of Titles and Term Paper Proposals 4 2. Nature of Term Paper 4 3. Declaration of Authenticity and Copyright Release 4 4. Library Guide for Digitized Dissertations 5 5. Submission of Term Paper 5 6. Uploading of Term Paper on the Virtual Environment Learning VLE (Moodle) 6 7. Board of Examiners 6 8. The Examination Process 6 9. Approval of Title 6 B. REGULATIONS FOR THE PRESENTATION OF TERM PAPERS 7 1. Paper Quality and Typographical Detail Methods of Production Layout 7 2. Pagination Page numbering Position of Page Numbers 7 3. Word Limit 7 4. Time Extensions 7 5. Preliminaries Title page Abstract Table of Contents Tables of Statutes, Cases and International Instruments Acknowledgements Abbreviations 8 6. Text Introduction Sections Conclusion Headings Note Numbering 9 7. End Matter Appendices 10 2

3 C. IMPORTANT RECOMMENDATIONS TO STUDENTS FOR THE TERM PAPER Oscola Referencing System Maltese Legislation Maltese Judgments Hints to Writing Good Term Papers Translation of Quotations Inter-disciplinary Content Methodology Ethical Implications 12 APPENDIX A FORM FOR SUBMISSION OF TERM PAPER TITLE AND TERM PAPER PROPOSAL 13 APPENDIX B DECLARATION BY ACADEMIC MEMBER OF STAFF ON THE PROPOSED TERM PAPER TITLE AND PROPOSAL 14 3

4 A. FUNCTIONS OF FACULTY BOARD 1. Approval of Titles and Term Paper Proposals When considering a research question and Term Paper proposal for approval, the Faculty Board determines whether that particular area has already been allocated to the subject of a thesis, dissertation or term paper. This function is delegated to the Head of Department within whose area the research falls. For this purpose, the Faculty Office circulates to Heads of Department a full list of all the proposed research questions together with relevant proposals. Proposals must be original and submitted on a standard form, a copy of which is attached to these guidelines as APPENDIX A. Where the area to be researched substantially overlaps with the subject of a written work which has already been approved or which is to be submitted by some other student, this should normally hinder the approval of the title unless the student makes a case and satisfies the Faculty Board that the approach to be adopted varies significantly from that adopted in the previously approved title. No Term Paper research question is accepted which is identical in substance to a written work already submitted for a degree in this or any other University or to any other published material. Students are not, however, precluded from incorporating such previous work as may be necessary to the presentation and further understanding of their exposition, provided that the nature and extent of such incorporation are clearly indicated in the Term Paper itself. The Title and Proposal form (APPENDIX A) should be accompanied by a Declaration of a member of the Academic Staff (APPENDIX B) that s/he has been consulted by the candidate and that s/he sees room for the writing of such a Term Paper. In formulating a Term Paper research question students should try to have the title and sub-title if any as short as possible and the proposal should be very narrowly focused to a specific subject. The proposal form and title are to be submitted by the students in the LL.B. Honours 3 rd Year as instructed by the Faculty Office. 4

5 2. Appointment of Supervisor The Faculty Board shall appoint a Supervisor for each student writing a term paper. 3. Declaration of Authenticity and Copyright Release Each student must fill in and sign a Declaration of Authenticity and Copyright Release whereby s/he declares that s/he has read the University of Malta s Guidelines on Plagiarism and that the Term Paper is his/her original work. The form of the Declaration of Authenticity and Copyright Release is found on data/assets/pdf_file/0006/254319/authenticityformug.pdf and the Guidelines on Plagiarism and Collusion are available at declaration must be submitted both with the proposal and with the term paper itself. The University of Malta has its own intellectual policy on this matter and reference is being made to this policy which is available at 4. Library Guide for Digitized Dissertations All Term Papers should be in the format set out in the Library Guide for Digitized Dissertations. The text of this guide is available at 5. Submission of Term Paper Students submitting a Term Paper for examination are to ensure that their work: a) is of an advanced or original nature in the area of study; b) satisfies the requirements of presentation; c) fulfills the requirements of relevant regulations as regards format and length; and d) complies with these Guidelines. When presenting the Term Paper for examination, students must also hand in the submission note as detailed on data/assets/pdf_file/0010/121105/submissiondissertationorthesis.p df By end of April students are to submit the following: 5

6 1 1 softbound copy printed back to back (spiral bound) of their term paper, including Declaration of Authenticity which is to form part of the term paper immediately after the title page. 1 softcopy of the term paper, either on a CD or on a Pen Drive. The document should be in PDF format which should NOT be password protected. The document will be immediately copied by Faculty Office and the pen drive is returned to the student. A copy of the Term Paper should be uploaded on VLE. Students should include Annex D the declaration of Authenticity; available on data/assets/pdf_file/0006/254319/authenticityformug.pdf with their term paper on VLE and on the CD (this is to be included after the title page) 1 original copy of Annex C, the submission note; available on These will be retained by the Faculty for record purposes. 6. Uploading of Term Paper on the Virtual Environment Learning VLE (Moodle) Plagiarism, at any stage of the preparation and finalisation of a Term Paper is prohibited. For this purpose, the Term Paper is passed through plagiarism software. After a Term Paper is submitted for examination, the student must upload his/her Term Paper on the Virtual Environment Learning VLE (Moodle). The purpose of this procedure is to generate a report by the plagiarism software. Please follow the link hereunder for information regarding Turnitin: There is also a quick guide specifically on uploading a Term Paper on the same lines of an assignment / on Turnitin available here: 7. Board of Examiners a. The Faculty Board shall appoint a Board of Examiners for each Term Paper submitted. b. The Board of Examiners shall be composed as detailed on the Assessment Regulations, 2009 available at data/assets/pdf_file/0010/24868/assessment_regu lations.pdf 1 Students may be asked to submit additional copies if hard copies are requested by the Board of Examiners 6

7 8. The Examination Process When a student fails in the Term Paper, s/he shall resubmit his/her Term Paper by the end of August/beginning of September, or as detailed by the Faculty Office. 9. Approval of Research Question and Proposal The Faculty Board is the governing body that approves term paper research questions and proposals. Notification of the approval of the research question is communicated forthwith to students in writing. B. REGULATIONS FOR THE PRESENTATION OF TERM PAPERS 1. Paper Quality and Typographical Detail 1.1 Methods of Production Term Papers shall be presented in a typewritten form. Characters shall be not less than 12pt. Typing should be of even quality, with clear black characters. 1.2 Layout Margins on the right and left hand side shall be 3cm and the top and bottom margins shall be 2.5cm. Double or one-and-a-half spacing shall be used in typescript. 2. Pagination 2.1 Page Numbering All pages must be numbered in one continuous sequence, from the title page to the last page of the type, in Arabic numerals from 1 onwards. This sequence must include appendices and bibliography. 2.2 Position of Page Numbers Page numbers shall be located centrally at the bottom of the page. 3. Word Limit 7

8 The Term Paper shall not be less than 10,000 words and not more than 12,000 words. No extension on the word limit may be granted. The prescribed length refers to the whole Term Paper including the main text, quotations, footnotes, but excluding preliminaries and other functional parts, such as bibliography, tables, abstract and index. Annexes and appendices do not form part of the word limit. 4. Time Extensions No time extensions will be allowed. Where a Term Paper is submitted after the due date, a mark 0 (Grade F) will be awarded. A student shall however be entitled to re-sit the Term Paper under re-sit conditions. 5. Preliminaries 5.1 Title page The title page shall give the following information in the order listed: i. The full title of the Term Paper and the sub-title if any; ii. The full name of the author, followed, if desired, by any qualifications and distinctions; iii. An indication that the Term Paper is submitted in partial fulfillment of the degree of LL.B. Honours; iv. The designation Faculty of Laws, University of Malta ; v. The month and year of submission. 5.2 Abstract The title page should be followed by an abstract consisting of no more than 300 words. The abstract should be a concise summary of the work, containing the fundamental concepts, emergent findings and conclusions. Students must also include five keywords together with their abstract. Students are to note that the abstract should not be written in the first person and should not contain footnotes. 5.3 Table of Contents The table of contents shall immediately follow the Abstract. It shall list in sequence, with page numbers, all relevant sections of the Term Paper, including the titles of sections and subsections, as appropriate; the table of cases: the table of statutes; the table of international instruments; the list of abbreviations, the bibliography and other functional parts of the whole Term Paper; and any appendices. 8

9 5.4 Tables of Statutes, Cases and International Instruments The tables of statutes, cases, and international instruments shall follow the table of contents. 5.5 Acknowledgements Any acknowledgements shall be on the page following the tables of statutes cases and international instruments. 5.6 Abbreviations Abbreviations are to be, as far as possible, avoided and used only exceptionally as they do not contribute to the free flow of the writing and detract the reader from following better your work. Where however abbreviations are used a table shall be provided. For an abbreviation not in common use, the term shall be given in full at the first instance followed by the abbreviation in brackets. 6. Text 6.1 Introduction The introduction shall be followed by the first section of the Term Paper. The Introduction should be used to set out the Term Paper question and Term Paper subquestions as discussed in subsequent sections. 6.2 Sections Term Papers shall be divided into an Introduction, a number of sections and a Conclusion. The system of headings shall be consistent and should provide a clear indication of changes in content, emphasis and other features which occur at each stage of the work. One of the sections shall deal with an overview of the literature whilst another section shall discuss the research methodology. 6.3 Conclusion This should bring together all the issues of the research and link back to the aim and objectives of the study which were outlined in the Introduction. Any recommendations pertaining to legal reform should always be based on research evidence. The Conclusion should be original. It may be used to identify areas for future research related to the topic of the Term Paper, propose changes to the law, contain a list of the 9

10 main conclusions of the Term Paper and answer the Term Paper question and subquestions. The Conclusion is the most important part of the Term Paper. 6.4 Headings The headings recommended are: (1) Main headings, which should be used for sections and should be in full capitals; (2) Subsections consisting of associated paragraphs should be above the line of the text and should use initial capitals. 6.5 Note Numbering Footnotes should be used and should be restricted to serving the following functions: (a) to state a source (b) to acknowledge a borrowing (c) to refer the reader to another part of the Term Paper (d) To develop an idea or expand a quotation where to do so in the text would disturb the flow of the argument or the balance of the writing. Footnotes should always be used with restraint. If none of the above criteria are met, then an appendix is probably more suitable. 7. End Matter 7.1 Appendices Appendices shall follow the main text. Appendices may consist of supporting material of considerable length or of lists, documents, commentaries, or other evidence, which, if included in the main text, would interrupt its flow. The style of appendices shall be consistent with the style of the main text. C. IMPORTANT RECOMMENDATIONS TO STUDENTS FOR THE TERM PAPER 1. Oscola Referencing System The latest version of the Oscola Referencing system should be used where applicable. The text of Oscola is available at: 2. Maltese Legislation 10

11 Maltese Legislation should be cited by reference to the Laws of Malta. Primary Laws are arranged by chapter numbers. These should be cited as follows: Criminal Code, Chapter 9 of the Laws of Malta. Subsidiary Legislation should be cited as follows: Pornography and Obscenity Regulations, S.L Maltese Judgments Where available, reference should be made to the Kollezzjoni ta Decizjonijiet tal- Qrati Superjuri ta Malta. The citation should be as follows: Generoso sive Jimmy Sammut vs. Onor. Prim Ministru et, Kollezzjoni ta Decizjonijiet tal-qrati Superjuri ta Malta, Volum LXXX (1996) Pt.I, p.1. Where the judgement is not available in the Kollezzjoni, nor in any published source, or in the internet, it should be cited as follows: Joseph Borg vs. Josephine Borg, Court of Appeal, 24 June 1995, p. 6. Joseph Borg vs. Josephine Borg, Civil Court, First Hall, per Mr. Justice V. Borg Costanzi, 24 June 1990, p. 10. When the judgment is available on you should add the link as well. You may also state that it is available on this (or other) website if it is not possible to add the link. This is done by right hand click and send to yourself. When compiling the Table of Cases, case law should be sub-divided as follows: - Cases in the Kollezzjoni ta Decizjonijiet tal-qrati Superjuri ta Malta - Cases available on the Ministry of Justice website - Cases available at the Archives of the Courts of Justice - Other Sources for Case Law (e.g. Judge William Harding s book; Judge Joseph Filletti s book; Judge Oliver Gulia s book; Ghaqda Studenti tal- Ligi two volume book on Constitutional Law, Prof. Kevin Aquilina s book on Development Planning Legislation, etc.). 4. Hints to Writing Good Term Papers Avoid quoting one and the same source repeatedly throughout the Term Paper. Avoid paragraphs made up of one sentence or a few sentences. Cite the source of the information you provide through a footnote especially where you are referring to factual data such as statistics and figures Ensure that adequate and proper use of footnotes is made throughout the whole Term Paper. 5. Translation of Quotations All verbatim quotes in Maltese should be translated in a footnote in the English language. The quote in the Maltese language should go in the text whilst the English translation in a footnote. 11

12 6. Inter-disciplinary Content In so far as content of a Term Paper is concerned, it might benefit the study to refer to non-legal materials and to write a Term Paper from an inter-disciplinary perspective. When a student intends to study a particular subject from both a legal and non-legal perspective, the following considerations have to be taken on board: (a) the student must declare in his or her Term Paper proposal that s/he will be studying a particular subject from an interdisciplinary point of view identifying clearly the non-legal discipline/s; and (b) although a Term Paper might be written from an interdisciplinary point of view, the predominant focus of the Term Paper should be legal with the nonlegal discipline/s assisting in understanding better the legal implications of the subject under consideration. At no point should the non-legal discipline predominate over the legal subject of the Term Paper. 7. Methodology It is recommended to students writing a Term Paper to write a section on literature review and another section on the research methodology describing the qualitative and quantitative approaches and methods used in the social sciences for the collection of primary data,such as questionnaires, focus groups, statistics, in-depth interviews, observation, and any other method of research appropriate to answer the research question. It will benefit the student s work to adopt a rigorous scientific approach to the study of the law. 8. Ethical Implications Researchers have a responsibility to take all steps possible to ensure that the social, psychological or physical well-being of research participants is not adversely affected by participation in their research study. Where it is appropriate, students should consult with the Faculty Ethics Committee in so far as their research might raise certain ethical issues. Students should also consult the University of Malta webpage of the University Ethics Committee from where they may download further information. For further guidance see: 12

13 FORM FOR SUBMISSION OF TERM PAPER ON A LEGAL SUBJECT TITLE AND PROPOSAL (TO BE FILLED IN BY STUDENTS) SURNAME AND NAME: COURSE: ANNEX A I. PROPOSED TERM PAPER ON A LEGAL SUBJECT TITLE: II. III. IV. TENTATIVE TERM PAPER OUTLINE (Not to exceed 500 words) TENTATIVE SCHEDULE OF WORK (timeline of your work) (To be given on a separate sheet) MATERIAL CONSULTED IN PREPARATION OF THE RESEARCH PROPOSAL INCLUDING BIBLIOGRAPHY (To be given on a separate sheet) LIST OF THESES/DISSERTATIONS/RESEARCH PROJECTS/TERM PAPERS ON THE SAME OR SIMILAR SUBJECT MATTER OF YOUR PROPOSAL, IF ANY: (To be given on a separate sheet Student must indicate Name and Surname of Author, Title, Year of Award and Title of Degree Awarded) V. LIST NAME AND SURNAME OF MEMBER/S OF THE ACADEMIC STAFF OF THE FACULTY WITH WHOM YOU HAVE CONSULTED: VI. LIST ANY RELEVANT STUDY-UNIT/S WHICH YOU HAVE FOLLOWED RELATED TO YOUR PROPOSED AREA OF RESEARCH: Signature Date NOTES: Please note that Faculty Board appoints supervisors and where appropriate co-supervisors and hence students should not expect that the academic member consulted will necessarily be their supervisor. Students are reminded that when dealing with human subjects they are to refer to the UREC guidelines available on 13

14 ANNEX B DECLARATION BY ACADEMIC MEMBER OF STAFF ON THE PROPOSED TERM PAPER ON A LEGAL SUBJECT TITLE AND PROPOSAL NAME OF STUDENT: COURSE: PROPOSED TERM PAPER ON A LEGAL SUBJECT TITLE: NAME OF ACADEMIC MEMBER: COMMENTS FROM ACADEMIC MEMBER OF STAFF REGARDING PROPOSED TITLE, PROPOSAL AND BIBLIOGRAPHY AS TO WHETHER THERE IS SCOPE FOR THE WRITING OF A TERM PAPER ON A LEGAL SUBJECT ON THE ABOVE PROPOSED TITLE: DEPARTMENT OR AREA UNDER WHICH TITLE FALLS: SIGNATURE OF ACADEMIC MEMBER: DATE: 14